Terms and Conditions of Service
Terms and Conditions of Service
The following Terms and Conditions apply to all products and services provided by Starvin’ Artist Graphic Design (hereafter referred to as “the Company”). By commissioning work from the Company, the client agrees to these terms and conditions.
Copyright and Ownership
All work, including words, pictures, visuals, and illustrations, is the intellectual property of Starvin’ Artist Graphic Design unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one design solution is considered to fulfill the contract. All other designs remain the property of the Company unless agreed otherwise in writing.
Project Acceptance
The Company will provide a written estimate or quotation for services. Estimates and invoices are valid for 30 days from the date of issue and may be subject to change thereafter. No work will begin until the client signs the estimate or quotation or submits an official order accepting these terms.
Design Charges
Design service charges are outlined in the provided estimate or quotation. A non-refundable deposit of the quoted fee is due upon acceptance. Complimentary artwork is limited to a set number of revisions; additional revisions will incur extra charges at the Company’s discretion.
Charges for Additional Services
Charges for any additional services beyond the original estimate will be payable in full (100% of the quoted amount) upon acceptance.
Payment Terms
Clients will receive an Approval Form and/or Review of work with an invoice prior to final publication. The remaining balance is due upon approval. Accounts unpaid after 30 days from the invoice date will incur a 2% monthly late fee. Payments can be made via cash, check, major credit card, money order, or electronic funds transfer. Publication and release of work will not occur until funds have cleared.
Default
An account is in default if unpaid for 30 days from the invoice date. The Company reserves the right to remove client materials from any computer systems until payment is made. The client agrees to pay any legal expenses and third-party collection fees incurred by the Company.
Rights of Access for Website Construction
The client must provide the Company with necessary access to computer systems, hosting environments, and other locations required to complete a website project, including read/write permissions, usernames, and passwords. This access must remain available until all funds are cleared. The Company may also require access to these systems to remove data in the event of non-payment. The client agrees to supply all required materials promptly and acknowledges that delays in providing access or materials may impact project timelines.
Design Project Duration and Completion
Project timelines provided by the Company are estimates. The Company is not responsible for project delays caused by the client or third parties. A project is considered complete upon the client’s signed approval or emailed statement of approval. Additional services such as printing or website uploading constitute separate projects and may incur additional charges.
Website Design Only
Upon completion of website design, the client will have the opportunity to review the work. One set of minor changes, including small text adjustments or item placements, is included within 14 days of the review period. Major changes, such as modifications to images, colors, or navigation, will incur extra charges. If no feedback is received within 14 days, the Company will consider the project accepted.
Project Abandonment
If the client becomes unresponsive or fails to engage in the project for two (2) months, the project may be considered abandoned. In such cases, the client forfeits any right to a refund, and any remaining fees will still be due. The Company may, at its discretion, offer credit for future services.
Licensing
All designs, copywriting, code, or other materials created by the Company are licensed for one-time use by the client. They may not be modified, reused, or distributed without the Company’s written consent.
Copyrights and Trademarks
The client must ensure that any text, images, or other materials supplied to the Company have the necessary permissions and copyrights. The Company retains rights to all designs and materials it creates, and any third-party use requires written permission.
Alterations
Additional charges will apply for changes beyond the initial scope or after draft approval. The Company is not responsible for third-party alterations to designs once published.
Data Formats
The client agrees to supply text, images, and other data in acceptable formats, as prescribed by the Company. Additional charges may apply for converting data into usable formats.
Hosting and Domain Registration
The Company does not offer in-house hosting services but may recommend third-party providers. The Company is not responsible for service interruptions from these providers. Domain registration is not guaranteed, and fees related to domain registration are the client’s responsibility.
Search Engine Submission
The Company cannot guarantee specific search engine rankings or acceptance. Search engine placements vary, and the Company is not responsible for ongoing SEO services unless specifically contracted.
Design Credits
The Company reserves the right to include a small credit on client websites and print materials. The client also agrees to allow the Company to showcase completed projects on its website and promotional materials.
Rights of Refusal
The Company reserves the right to refuse any material deemed offensive, obscene, or illegal. If such material is included in good faith but later found to violate these terms, the client agrees to allow its removal without penalty.
Cancellation
Cancellations must be confirmed in writing. The client will be invoiced for all work completed beyond the initial non-refundable deposit. Failure to formally confirm cancellation will result in the client being liable for the full quoted project cost.
Liability and Disclaimer
The Company makes no express or implied warranties for the products or services supplied. The Company’s liability is limited to the amount paid by the client for the relevant project. The client agrees not to hold the Company responsible for any losses or damages beyond the project fees.
File Retention and Access
Project files are retained for up to one year after completion. The Company recommends clients download and securely store their own copies for long-term access.
Binding Arbitration
Disputes that cannot be resolved amicably will be settled through binding arbitration with the American Arbitration Association. Arbitration costs will be shared equally, and the proceedings will remain confidential.
General
These Terms and Conditions supersede all previous agreements. The Company reserves the right to update these terms and rates without notice.
Acceptance of Terms
By signing an estimate, quotation, or order, the client accepts these Terms and Conditions, forming a binding contract with Starvin’ Artist Graphic Design.
This revision incorporates additional clauses for rights of access, project abandonment, file retention, and other crucial areas to protect your graphic design firm effectively.